Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CIVIL LIABILITY ACT 2002 - SECT 9

9 .         Restrictions on damages for non-pecuniary loss (general damages)

        (1)         If the amount of non-pecuniary loss is assessed to be not more than Amount A for the year in which the amount is assessed, no damages are to be awarded for non-pecuniary loss.

        (2)         If the amount of non-pecuniary loss is assessed to be more than Amount A but not more than Amount C for the year in which the amount is assessed, damages for non-pecuniary loss are not to be awarded in an amount that is more than the excess of the amount assessed over Amount A.

        (3)         If the amount of non-pecuniary loss is assessed to be more than Amount C but less than the sum of Amount A and Amount C for the year in which the amount is assessed, damages for non-pecuniary loss are not to be awarded in an amount that is more than the excess of the amount assessed over the amount calculated as follows —

       


        (4)         In this section —

        Amount A has the meaning given by section 10;

        Amount C has the meaning given by section 10;

        non-pecuniary loss means —

            (a)         pain and suffering; and

            (b)         loss of amenities of life; and

            (c)         loss of enjoyment of life; and

            (d)         curtailment of expectation of life; and

            (e)         bodily or mental harm.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback